Legal Opinion
Thomas v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2012PublishedCited by 5 opinions
1Opinion of the Court
*581Defendants made a prima facie showing of their entitlement to judgment as a matter of law, and plaintiffs failed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]).
With respect to plaintiff Thomas, defendants submitted evidence showing that Thomas’s left knee injuries preexisted the subject accident, were degenerative in nature, and could not be attributed to the accident (see Pines v Lopez, 88 AD3d 545, 545 [1st Dept 2011]). Although Thomas’s treating physician found a limitation in the range of motion of her left knee seven years after the accident,…
2Cases cited7 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Jno-Baptiste v. BuckleyAppellate Division of the Supreme Court of the State of New York · 2011
- Byong Yol Yi v. CanelaAppellate Division of the Supreme Court of the State of New York · 2010
- Suarez v. AbeAppellate Division of the Supreme Court of the State of New York · 2004
- Martin v. Portexit Corp.Appellate Division of the Supreme Court of the State of New York · 2012
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Frias v. Son Tien LiuAppellate Division of the Supreme Court of the State of New York · 2013
- Komina v. GilAppellate Division of the Supreme Court of the State of New York · 2013
- Figueroa v. OrtizAppellate Division of the Supreme Court of the State of New York · 2015
- Frias v. Son Tien LiuAppellate Division of the Supreme Court of the State of New York · 2013
- Komina v. GilAppellate Division of the Supreme Court of the State of New York · 2013